Legislation

Search OpenLegislation Statutes
This entry was published on 2017-07-07
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 168-P
Special telephone number
Correction (COR) CHAPTER 43, ARTICLE 6-C
§ 168-p. Special telephone number. 1. Pursuant to section one hundred
sixty-eight-b of this article, the division shall also operate a
telephone number that members of the public may call free of charge and
inquire whether a named individual required to register pursuant to this
article is listed. The division shall ascertain whether a named person
reasonably appears to be a person so listed and provide the caller with
the relevant information according to risk as described in subdivision
six of section one hundred sixty-eight-l of this article. The division
shall decide whether the named person reasonably appears to be a person
listed, based upon information from the caller providing information
that shall include (a) an exact street address, including apartment
number, driver's license number or birth date, along with additional
information that may include social security number, hair color, eye
color, height, weight, distinctive markings, ethnicity; or (b) any
combination of the above listed characteristics if an exact birth date
or address is not available. If three of the characteristics provided
include ethnicity, hair color, and eye color, other identifying
characteristics shall be provided. Any information identifying the
victim by name, birth date, address or relation to the person listed by
the division shall be excluded by the division.

2. When the telephone number is called, a preamble shall be played
which shall provide the following information:

(a) notice that the caller's telephone number will be recorded;

(b) that there is no charge for use of the telephone number;

(c) notice that the caller is required to identify himself or herself
to the operator and provide current address and shall be maintained in a
written record;

(d) notice that the caller is required to be eighteen years of age or
older;

(e) a warning that it is illegal to use information obtained through
the telephone number to commit a crime against any person listed or to
engage in illegal discrimination or harassment against such person;

(f) notice that the caller is required to have the birth date,
driver's license or identification number, or address or other
identifying information regarding the person about whom information is
sought in order to achieve a positive identification of that person;

(g) a statement that the number is not a crime hotline and that any
suspected criminal activity should be reported to local authorities;

(h) a statement that an information package which will include a
description of the law and sex abuse and abduction prevention materials
is available upon request from the division. Such information package
shall include questions and answers regarding the most commonly asked
questions about the sex offender registration act, and current sex abuse
and abduction prevention material.

2-a. (a) The division shall establish a program allowing non-profit
and not-for-profit youth services organizations to pre-register with the
division for use of the telephone number. Pre-registration shall include
the identification of up to two officials of the organization who may
call the telephone number and obtain information on behalf of the
organization. A pre-registered certificate issued under this subdivision
shall be valid for two years, unless earlier revoked by the division for
good cause shown. No fee shall be charged to an applicant for the
issuance of a pre-registered certificate pursuant to this subdivision.

(b) An organization granted a pre-registered certificate pursuant to
this subdivision may, upon calling the telephone number, inquire whether
multiple named individuals are listed on the sex offender registry.
Notwithstanding any per call limitation the division may place on calls
by private individuals, the division shall allow such pre-registered
organizations to inquire about up to twenty prospective coaches, leaders
or volunteers in each call to the telephone number.

(c) For purposes of this subdivision, "youth services organization"
shall mean a formalized program operated by a corporation pursuant to
subparagraph five of paragraph (a) of section one hundred two of the
not-for-profit corporation law that functions primarily to: (a) provide
children the opportunity to participate in adult-supervised sporting
activities; or (b) match children or groups of children with adult
volunteers for the purpose of providing children with positive role
models to enhance their development.

2-b. The division shall maintain a program allowing a transportation
network company (TNC), as defined in section one thousand six hundred
ninety-one of the vehicle and traffic law, to electronically submit
multiple names, and other necessary identifying information as required
by the division and in accordance with subdivision one of this section,
of applicants applying to be TNC drivers for the purpose of determining
whether such applicants are listed on the sex offender registry pursuant
to this article. The division shall respond to such inquiry
electronically, within four business days, and notify such TNC of any
such applicant who is listed on the registry pursuant to this article. A
TNC shall pre-register with the division before the electronic
submission of names and shall agree in writing that information obtained
by a TNC pursuant to this subdivision be used only for the purposes of
determining eligibility of an applicant for a TNC permit, pursuant to
sections one thousand six hundred ninety-six and one thousand six
hundred ninety-nine of the vehicle and traffic law, by designated
employees of such TNC and that such information shall not be distributed
or disclosed except as specifically authorized by law.

3. Whenever there is reasonable cause to believe that any person or
group of persons is engaged in a pattern or practice of misuse of the
telephone number, the attorney general, any district attorney or any
person aggrieved by the misuse of the number is authorized to bring a
civil action in the appropriate court requesting preventive relief,
including an application for a permanent or temporary injunction,
restraining order or other order against the person or group of persons
responsible for the pattern or practice of misuse. The foregoing
remedies shall be independent of any other remedies or procedures that
may be available to an aggrieved party under other provisions of law.
Such person or group of persons shall be subject to a fine of not less
than five hundred dollars and not more than one thousand dollars.

4. The division shall submit to the legislature an annual report on
the operation of the telephone number. The annual report shall include,
but not be limited to, all of the following:

(a) number of calls received;

(b) a detailed outline of the amount of money expended and the manner
in which it was expended for purposes of this section;

(c) number of calls that resulted in an affirmative response and the
number of calls that resulted in a negative response with regard to
whether a named individual was listed;

(d) number of persons listed; and

(e) a summary of the success of the telephone number program based
upon selected factors.